The body that represents Ireland’s professional jockeys is hopeful it can finally secure personal indemnity cover for its members. The lack of such insurance for riders in this country has come to the fore after Freddy Tylicki’s successful £6 million (€7.1m) British High Court case for damages against his former colleague Graham Gibbons in London last month.
Ex-jockey Tylicki was left paralysed from the waist down due to a fall at Kempton in 2016 and successfully sued Gibbons who was found to be liable for the incident. Jockeys based in Britain have personal indemnity but attempts in recent years by the Irish Jockeys Association to put in place similar cover here have been unsuccessful.
Former champion jockey Ruby Walsh said recently he believes every rider will need to get indemnity insurance due to the implications of the Tylicki case. On the back of that ruling, which the IJA has described as a “seminal” case, efforts have been stepped up to secure such insurance.
Of course expense is going to be a significant factor and we're very conscious that we're in a market where insurance costs are increasing all the time
“We now have someone who is actively looking at this for us,” the IJA secretary Andrew Coonan said on Tuesday. “I spoke to him just after the Tylicki case came out so we’ve had a broker who’s been looking at this area for us and believes it may be possible to get us cover.
“At the moment it is being actively pursued and we would be hopeful that we can at least get a proposal. Of course expense is going to be a significant factor and we’re very conscious that we’re in a market where insurance costs are increasing all the time. The cost of that insurance could be very high. However, we have to pursue every avenue,” he added.
Coonan, a solicitor and former amateur jockey, described the outcome of the Tylicki case as a potential “game-changer” in terms of the interference rules and how they are applied.
“There are riders here who know Freddy and we’re all very conscious of the outcome of the case. When we now consider (interference regulations,) including riders, and people I’m discussing interference rules with, it is almost the first thing they refer to. So it has become a focus point in terms of the whole issue of interference,” Coonan said.
“We have got a scenario as a result of the ruling, that yes the judge accepts the cut and the thrust of competitive racing but within that a rider must have due regard for their fellow riders.
“While in theory we all understood that beforehand, the reality of it now is that if either intentionally or inadvertently, you breach that due regard you could now be effectively liable for any injuries that you cause, to potentially another rider or another horse in a race.
“This is where this becomes a very broad issue.
“The consequences for Freddy were appalling. But supposing we now have a situation where a horse is injured as a result of interference and the stewards say you are the guilty party and give a two day suspension, and an owner says my horse is injured,” he added.
Coonan has previously said he believes racing’s authorities in both Ireland and Britain have failed to appreciate the significance of the Tylicki case and its broader implications for the sport.
